Temporary permits may be issued by the Zoning Officer for a period not to exceed one (1) year and for uses incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided the owner removes the structure or structures upon completion of construction or upon expiration of permit, whichever is first.

A. A Certificate of Occupancy shall be required for any of the following:

1. Use and occupancy of any building or other structure hereafter erected or altered, for which a zoning permit is required.

2. Change in use of any building or structure or any part thereof

3. Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a certificate of occupancy.

4. Change in use or extension of a nonconforming use.

B. It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.

C. All applications for Certificates of Occupancy shall be made in writing by the landowner or his authorized agent on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this Ordinance.

D. No Certificate of Occupancy shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this Ordinance and all other ordinances, regulations and codes of Solebury Township.

E. A certificate indicating that a representative sample of the well water was taken and tested by the Testing Laboratory within thirty (30) days of the application for an occupancy permit, and indicating compliance or lack of compliance of the well water (specifying each contaminant which does not comply) shall be supplied to the Township Zoning Officer together with the application for the occupancy permit.

F. No occupancy permit will be issued for any lot unless the lot contains a well which has a production.of not less than six (6) gallons per minute as established by the bailor test or an equivalent test satisfactory to the Township Engineer and unless the water quality of the well meets the aforementioned standards or unless the plans for the building include detailed plans for a treatment system which is certified by a professional engineer to bring the water into compliance with the aforementioned standards.

G. In addition, the applicant for an occupancy permit must agree that in the event the water is not in compliance with the aforementioned standards, that the applicant will give the purchasers of the property (if different from the applicant) a copy of the water certification specifying each contaminant which does not comply with the standards, and a description (including plans) of the system which will be installed to bring the water quality into compliance together with instructions as to how the system must be maintained prior to settlement on the property.

If the Zoning Officer determines that an application is in compliance with the provisions of this Ordinance, it shall be his duty to issue the appropriate permit; and, if he determines that an application is not in compliance with,the provisions of this Ordinance, it shall be his duty to refuse the permit, in which case, he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, or the Board of Supervisors, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred, which are payable to the Township, are paid in full.

A. The Board of Supervisors shall establish, by resolution, a schedule of fees, charges, and expenses and collection procedures for the cost of administering this Ordinance including but not limited to Building Permits, Occupancy Permits, Sign Permits, Conditional Uses, Special Exceptions, Variances, Validity Challenge, Curative Amendment, Petition for a Zoning Change, Appeals, and other matters pertaining to this Ordinance.

The schedule of fees shall be available in the office of the Zoning Officer and may be altered or amended only by the Board of Supervisors.

B. No action shall be taken on any application for any Conditional Use, Special Exception, Variance, Validity Challenge, Curative Amendment, Petition for a zoning change or Appeal accepted, until all application fees, changes and expenses have been paid in full.

C. The Applicant shall reimburse the Township for any fees of the Township Solicitor and Township Engineer or other experts and consultants for reviews on application for Conditional Use, Petition for Zoning Change, Curative Amendment, and the like.

A. Whenever it appears to the Township that a violation of any provision of this Zoning Ordinance has occurred, enforcement shall be initiated by the Zoning Officer by sending an enforcement notice as provided in this Section. Such notice shall be served for violating:

1. Any provision of this Ordinance or any amendment thereto.

2. Any detailed statement or a plan approved under the provisions of this Ordinance or any amendment thereto.

3. Any condition of a Variance or Special Exception granted by the Zoning Hearing Board.

B. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.

C. An enforcement notice shall state at least the following:

1. The name of the owner of record and any other person against whom the Township intends to take action.

2. The location of the property in violation.

3. The specific violation with a description of the requirement which has not been met, citing in each instance, the applicable provision of this Ordinance.

4. The date before which the steps for compliance must be commenced and the date which the steps must be completed.

5. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this Ordinance.

6. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this Ordinance, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

Any person, partnership or corporation who or which has violated or permitted the violation of a provision of this Ordinance, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not mote than five hundred dollars ($500) plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the Ordinance to have believed that there was not such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this Ordinance shall be paid over to the Township.

A. In evaluating an application to the Board of Supervisors for a Conditional Use or the Zoning Hearing Board for a Special Exception, the respective Boards shall require the Applicant to provide information to indicate that the standards and criteria have been met. The Applicant shall submit a report that describes how the standards and criteria have actually been met or will be met to ensure that

1. The proposed use is consistent with the purpose of the Article whereby it is permitted, the overall purpose of the Zoning as contained in Article 1, and all applicable provisions of this Ordinance.

2. The proposed use will satisfy all of the relevant provisions and requirements of the Solebury Township Subdivision and Land Development Ordinance and any other applicable ordinance, code and/or regulation which am hereby incorporated by reference.

3. The proposed use and its location are consistent with and responsive to the Comprehensive Plan, in particular, the plans for Land Use, Circulation, Community Facilities and Utilities.

4. The proposed use will not adversely affect the health, safety, morals and general welfare of the Township.

5. The proposed land use is consistent with the nature of the conforming land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.

6. The proposed use is consistent in concept and design with other conditional uses or special exceptions for which approval may have been previously granted, and/or it is located in an area or areas for which the lot is suited.

7. That if public services are planned for the property, the proposed use is consistent with the planned extensions of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties.

8. Proposed construction will be consistent with good design principles and sound engineering and land development practices and is in keeping with the character of any existing quality construction within the neighborhood.

9. The proposed use reflects an environmentally sensitive approach to land planning and design based on thorough site analysis and evaluation related to topography, soils, vegetation, hydrology, geology, especially limestone and diabase, visual quality and related site conditions and characteristics.

10. The proposed use will provide safe and adequate access to roads land public services (existing or proposed); will not result in excessive traffic volumes; will make any improvements needed to guarantee compatibility with adjacent roads and public services; and will reflect a well designed internal circulation system.

11. The proposed use will provide for effective sanitation.

12. The proposed use will create the required screening and landscaping as required in this Ordinance and the Solebury Township Subdivision and Land Development Ordinance.

13. The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places deemed by the Township, where the use of trees, shrubs and groundcovers would be functional and appropriate.

14. The proposed use will be properly sited and not be disruptive to existing topography, streams and ponds, and vegetation and other natural resources, especially within the Flood Plain Conservation District and the Steep Slope Conservation District.

15. The proposed use will provide for adequate off-street parking and loading in accordance with Article 16.

16. The proposed use will provide for adequate signage in accordance with Article 17.

17. The proposed use will provide for adequate Environmental Controls in accordance with Article 18.

18. A satisfactory Environmental Impact Assessment (EIA) Report is submitted for any proposed use for which a Conditional Use or Special Exception application has been submitted, subject to the provisions of Article 19.

19. The proposed use can be adequately serviced by the type of water supply and sewage disposal system that is proposed.

20. The proposed use will be developed using effective stormwater management techniques and soil erosion and sedimentation control techniques.

B. The report required under Section 2112 A. shall include clear legible inventory maps and plans and site analysis maps and plans drawn to scale to indicate the location, extent, quality, significance and/or importance of, the land and water resources and the facilities which are discussed within the report.

C. The Board may impose such conditions as are necessary to ensure any or all of the above amenities as well as compliance with any other relevant ordinances, regulations and codes.

D. Special Exceptions related to the Flood Plain Conservation District shall also be evaluated in accordance with the provisions of Section 1409. Conditional Uses related to the Steep Slope Conservation District shall also be evaluated in accordance with the provisions of Section 1504. Conditional Uses related to the Open Space Option in the RA District; the open space requirements of Article 7A; the Open space Option in the RB District; and the open space requirements of Article 7, shall also be evaluated in accordance with the provisions of Section 2007.

E. General Procedures

1. The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended.

2. In the case of an application for Conditional Use, the Planning Commission shall perform a review and provide counsel to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. A written report shall be submitted to the Board of Supervisors by the Planning Commission.

3. The Board of Supervisors shall, in the case of an application for Conditional Use, schedule a hearing for public review comment.

4. The Planning Commission and Board of Supervisors shall be responsible for providing notification to the applicant, no less than twenty (20) days prior to any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that the Applicant may present their case at such hearing.

5. Proof of proper notification shall be required as a precondition before any formal action on the application.

6. Notification of the action taken by the Board of Supervisors shall be made in writing to the applicant. In the event of disapproval, it shall be accompanied by a statement of the reasons therefor. In the event of disapproval, the applicant may file a new application and plans for conditional use or subdivision and/or land development for the subject property.

7. The grant of approval by the Board of Supervisors for a Conditional Use shall in no way release the applicant from his obligation to comply with the applicable provisions of this ordinance, the Subdivision and Land Development Ordinance, and any other applicable Township, State and Federal regulations.

All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this Ordinance and the Pennsylvania Municipalities Planning Code, Act 247 as Amended and in accordance with Article 22.